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The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law. While Hart insists that judges are within bounds to legislate on the basis of rules of law ...
This was studied in the University of Toronto Law Journal in an article titled "Leaving the Hart-Dworkin Debate" which maintained that Hart insisted in his book The Concept of Law on the expansive reading of positive law theory to include philosophical and sociological domains of assessment rather than the more focused attention of Kelsen who ...
Scott J. Shapiro, “The ‘Hart-Dworkin’ Debate: A Short Guide for the Perplexed,” Public Law and Legal Theory Research Paper Series: Working Paper No. 77, 2007, University of Michigan Law School
Ronald Dworkin was born in 1931 in Providence, Rhode Island, the son of Madeline (Talamo) and David Dworkin. [8] His family was Jewish.He graduated from Harvard University in 1953 with an A.B., summa cum laude, where he majored in philosophy and was elected to Phi Beta Kappa in his junior year.
Recently, however, Professor Michael C. Dorf has argued "that soft positivism, understood as a synthesis of the H.L.A. Hart/ [Ronald]Dworkin debate, entails a view about the institutional allocation of power remarkably close to the one articulated by (Henry) Hart and Sacks in the Legal Process." [36] Hart's impact continues to be felt.
Hart explained how the race came to be—and why he regrets it—in a video posted to his Instagram account last week. “Stevan Ridley, I’m going to go ahead and put this story out there before ...
Taking Rights Seriously is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin.In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps ...
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